Arbitration and Conciliation Act, 1996, Section 20 -- Tender - Acceptance by authority subject to terms and conditions specified in the tender notice and acceptance letter - One of the clauses of tender providing for reference of any dispute arising out of or concerning the agreement to the arbitration of an Arbitrator nominated by the respondent - Respondent entitled to..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Arbitrator - Appointment - Existence of arbitration agreement itself questioned - Question whether or not an arbitration agreement exists between the parties will have to be answered for it is only if the answer to that question is in the affirmative that Chief Justice or his designate can pass an order of reference..........
Arbitration and Conciliation Act, 1996, Section 16(1) -- Arbitrator - Jurisdiction - Proceedings initiated before a nominated arbitral Tribunal - Existence of arbitration agreement disputed - Held, Arbitral Tribunal can itself decide the issue in exercise of its powers u/s 16(1) of the Act...........
Arbitration and Conciliation Act, 1996, Section 16(1), 11 -- Arbitrator - Jurisdiction - Power available to Arbitral Tribunal u/s 16 of the Act do not imply that the issue of existence of arbitration agreement can be or ought to be left to be determined by the Arbitral Tribunal even in case where one of the parties has filed a petition u/s 11 of the Act and the other party..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Arbitrator - Appointment - A heavy duty lies upon the party who seeks to avoid a contact on the ground of mis-representation, fraud or coercion to prove any such allegation...........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Arbitrator - Appointment - Existence of arbitration agreement questioned - Plea of transgression of limits of authority by the person executing the agreement - Nothing on record to suggest that any action was indeed taken against such person for the alleged transgression of the limits of his authority and if so the..........
Arbitration Act, 1940, Section 8(2) -- Arbitrator - Appointment by Court - Not challenged and allowed to attain finality - Order challenged after award made and award made a rule of Court - Rule of finality comes into play in regard to the order appointing arbitrator...........
Arbitration Act, 1940, Section 8(2), 14, 30, 33, 39 -- Arbitrator - Appointment by Court after adjudication that there was an arbitration agreement - Appointment of arbitrator not challenged - Award by arbitrator not a nullity...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(6), 17, 34, 35, Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Secured assets - Leasehold rights transferred to assignee of secured creditor in auction sale - Held, assignee cannot be dispossessed in execution of decree against lessee in pursuant..........
Arbitration and Conciliation Act, 1996, Section 6, 19(3), 26 -- Arbitration - Appointment of an expert by arbitral tribunal - Arbitrator has ample power to appoint a Commissioner for local inspection, an accountant to inspect the accounts, a finger print expert or a handwriting expert to inspect questioned documents, an engineer or an architect to inspect structures,..........
